i-751 & lawyer

Old May 27th 2009, 2:17 am
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Default i-751 & lawyer

Hi all,

Thanks in advance for any advice.

I currently have a conditional green card which expires in Sept 09, so i need to file i-751 for the removal of conditions soon. When i got the conditional green card we used a lawyer because although i had filed for a k visa back in the UK, i came over to the US on a visa waiver to visit my wife and after consulting with a lawyer my wife and i decided that i should stay. Thankfully, i was awarded my green card, in fact the interview we had was straightforward actually, the immigration officer was happy that my wife and i were a genuine married couple. Given that it was straightforward last time, does anyone think i should use a lawyer again or do you think we shouldn`t worry and just file the i-751 ourselves?

Thanks again
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Old May 27th 2009, 2:51 am
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Default Re: i-751 & lawyer

Originally Posted by gazza64 View Post
... do you think we shouldn`t worry and just file the i-751 ourselves?
You are a PR now... just file it yourselves.

Ian
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Old May 27th 2009, 2:56 am
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Default Re: i-751 & lawyer

Thanks for the reply Ian.

I would prefer to file the i-751 myself, but i do have a slight doubt given that i came here on a visa waiver and stayed. It was an wasn`t issue at the interview, the immi officer didnt even mention i think. Hopefully it wont/wouldn`t be an issue this time either!
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Old May 27th 2009, 3:03 am
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Default Re: i-751 & lawyer

Originally Posted by gazza64 View Post
... i do have a slight doubt given that i came here on a visa waiver and stayed.
The last time you filed, you weren't yet a PR. It's now a non-issue.

Ian
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Old May 27th 2009, 3:59 am
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Default Re: i-751 & lawyer

Originally Posted by gazza64 View Post
Thanks for the reply Ian.

I would prefer to file the i-751 myself, but i do have a slight doubt given that i came here on a visa waiver and stayed. It was an wasn`t issue at the interview, the immi officer didnt even mention i think. Hopefully it wont/wouldn`t be an issue this time either!
Your VWP entry is not an issue on the I-751. You can go ahead and file it yourself.

Rene
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Old May 27th 2009, 1:04 pm
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Default Re: i-751 & lawyer

Originally Posted by gazza64 View Post
Thanks for the reply Ian.

I would prefer to file the i-751 myself, but i do have a slight doubt given that i came here on a visa waiver and stayed. It was an wasn`t issue at the interview, the immi officer didnt even mention i think. Hopefully it wont/wouldn`t be an issue this time either!

And it shouldn't be an issue now. The I-751 is to verify the "continued" validity of your marriage. It deals with the period from the issuing date of your CPR status to the date of filing. You should include some prior evidence of the years' prior to the CPR period but the bulk of the evidence is for the 2 year period directly after your CPR was approved.
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Old May 27th 2009, 3:07 pm
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Default Re: i-751 & lawyer

Tangent - I'm going to have to bookmark this post for future use when people ask about visiting the USA while the petition is being processed, and ask if the fact that they've filed a petition isn't obvious proof that they're going to go back home to get the visa.

Apparently, it is not.

Regards, JEff


Originally Posted by gazza64 View Post
... i had filed for a k visa back in the UK, i came over to the US on a visa waiver to visit my wife and after consulting with a lawyer my wife and i decided that i should stay. ...
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Old May 27th 2009, 4:00 pm
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Default Re: i-751 & lawyer

Originally Posted by jeffreyhy View Post
Tangent - I'm going to have to bookmark this post for future use when people ask about visiting the USA while the petition is being processed, and ask if the fact that they've filed a petition isn't obvious proof that they're going to go back home to get the visa.

Apparently, it is not.

Regards, JEff

No it isn't. Believe the name was CutiePie who did it with an I-130 pending. Wifey got sick while visiting him in the UK, he escorted her home and remained and AOS without a problem.
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Old May 28th 2009, 1:10 am
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Default Re: i-751 & lawyer

Thanks for the good advice. I`m gonna go ahead file without using a lawyer.
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Old May 28th 2009, 3:32 am
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Default Re: i-751 & lawyer

Originally Posted by gazza64 View Post
Thanks for the good advice. I`m gonna go ahead file without using a lawyer.
Hi:

Why did you need advice? And why is it "good?" I have no idea if whether or not it is a good idea to have a lawyer. A lot of people don't and it usually works out fine. However, there may be something idiotic there that could cause problems. I have no idea.

I was just hired today on an I-751 that has now been pending for three years and I will be trying to get to the bottom of why. Client thinks it might be a mistake that hubby made on his naturalization petition after they were married but before the I-130/485 was filed -- they may be investigating the original grant for all I know.

However, the choice of whether to use a lawyer is YOURS and no one else.

Good luck.
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Old Jun 2nd 2009, 2:01 am
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Default Re: i-751 & lawyer

Hi,

Ok, we`ve decided to file the i- 751 ourselves. And now the inevitable questions i need to ask. Sorry!

I noticed on the general instructions for completing the form that it asks for 2 passport style photos for applicants and dependents, regardless of age. Question, Well, my step-son is 18 and lives in Califiornia somewhere, but we don`t exactly know where. What can we do about this?

Also needed are 2 completed fingerprint cards(form FD-258 for applicants and dependents. Question, how and when do we get these? Is this the biometrics?

Thanks for any advice.

Gazza
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Old Jun 2nd 2009, 2:24 am
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Default Re: i-751 & lawyer

Originally Posted by gazza64 View Post
Question, Well, my step-son is 18 and lives in Califiornia somewhere, but we don`t exactly know where. What can we do about this?
Is he a dependent on the application? If not, none is needed.


Is this the biometrics?
Yes.

Ian
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Old Jun 2nd 2009, 3:01 am
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Default Re: i-751 & lawyer

Originally Posted by gazza64 View Post
Also needed are 2 completed fingerprint cards(form FD-258 for applicants and dependents. Question, how and when do we get these? Is this the biometrics?
The biometrics get done on a separate appointment, you do not need to include fingerprint cards with the I-751 application.

Just submit the I-751 and backup documents, and then you'll receive a biomtrics appointment in the mail within a few weeks, to go get fingerprints done.

Rene
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Old Jun 2nd 2009, 3:16 am
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Default Re: i-751 & lawyer

Originally Posted by gazza64 View Post
Hi,

Ok, we`ve decided to file the i- 751 ourselves. And now the inevitable questions i need to ask. Sorry!

I noticed on the general instructions for completing the form that it asks for 2 passport style photos for applicants and dependents, regardless of age. Question, Well, my step-son is 18 and lives in Califiornia somewhere, but we don`t exactly know where. What can we do about this?

Also needed are 2 completed fingerprint cards(form FD-258 for applicants and dependents. Question, how and when do we get these? Is this the biometrics?

Thanks for any advice.

Gazza
Hi:

The first post said you had conditional status, and now you inquiry about your step-son. Assuming he is you step-son by a prior marriage, I find it fascinating that CIS/State allowed him to immigrate with you after the end of the prior marriage. It can be done, but it is a difficult issue. Do note that this can cause problems at later stages.
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Old Jun 2nd 2009, 3:03 pm
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Default Re: i-751 & lawyer

Originally Posted by gazza64 View Post
Hi,

Ok, we`ve decided to file the i- 751 ourselves. And now the inevitable questions i need to ask. Sorry!

I noticed on the general instructions for completing the form that it asks for 2 passport style photos for applicants and dependents, regardless of age. Question, Well, my step-son is 18 and lives in Califiornia somewhere, but we don`t exactly know where. What can we do about this?

Also needed are 2 completed fingerprint cards(form FD-258 for applicants and dependents. Question, how and when do we get these? Is this the biometrics?

Thanks for any advice.

Gazza
The part requesting the photos and fingerprint cards are under the exception section for those residing overseas if I recall. You don't need any of this.
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